Two judges may be appointed to the Appellate Division of the Supreme Court this week as per the recommendations of the Supreme Judicial Commission, paving the way for the disposal of long pending Bangabandhu Sheikh Mujibur Rahman murder case.
Law, Justice and Parliamentary Affairs Minister barrister Shafique Ahmed yesterday told The Daily Star that steps will be taken this week to fill up the two vacant posts of judges in the Appellate Division.
The Supreme Judicial Commission on October 16 recommended four senior most judges of the High Court Division for the two Appellate Division posts that have been lying vacant since July 2 last year. The recommended judges are Justice Shah Abu Nayeem Mominur Rahman, Justice Md Abdul Quddus, Justice Md Abdul Aziz and Justice Bijan Kumar Das.
The president will appoint two of them as the Appellate Division judges.
Barrister Abdullah-al Mamun, a counsel for the convicts in Bangabandhu murder case, said as per rules a bench of at least three judges of the Appellate Division is required for hearing the appeals of five condemned prisoners against their convictions handed down by the High Court.
After the two judges are appointed, the bench can be constituted for hearing the appeals as there are already Justice Md Tafazzal Islam and Justice Md Joynul Abedin of the apex court who can hear the matter, he said.
Of the five Appellate Division judges, Chief Justice MM Ruhul Amin and Justice MA Matin had earlier felt embarrassed to hear the case at the HC Division while Justice Mohammad Fazlul Karim had heard the case and delivered judgment at the HC Division, Mamun added.
The appeals against death sentence handed down by the High Court have remained pending in the Supreme Court for more than 15 months because of shortage of judges.
Lt Col (sacked) Syed Farooq-ur Rahman, Lt Col (retd) Sultan Shahriar Rashid Khan, Lt Col (retd) Muhiuddin Ahmed, Major (retd) AKM Mahiuddin Ahmed (Lancer) and Major (retd) Bazlul Huda filed the appeals with the apex court in the last week of October 2007 as per the court order.
Neither the defence nor the state has taken any move to hear the appeals in this period.
A special bench of the Appellate Division comprised of Justice Tafazzal Islam, Justice Md Joynul Abedin and Justice Md Hassan Ameen on September 23, 2007, granted the leaves to appeal filed by the five convicts against their death sentence.
The court also asked them to file regular appeals for hearing by October 30, 2007.
District and Sessions Judge Kazi Golam Rosul awarded death sentence to 15 accused persons on November 8, 1999 and acquitted four accused including Taheruddin Thakur. Another accused Khondker Moshtaque had died.
The death reference of the Bangabandhu murder case was then sent to the High Court for disposal.
On April 30, 2001, the third High Court bench of Justice Md Fazlul Karim confirmed capital punishment against 12 and acquitted three others.
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